Bill Text: TX SB673 | 2015-2016 | 84th Legislature | Introduced


Bill Title: Relating to the funding and issuing of marriage licenses and certifications and the recognition of certain marriages.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2015-04-22 - Co-author authorized [SB673 Detail]

Download: Texas-2015-SB673-Introduced.html
  84R9753 JSC-F
 
  By: Perry S.B. No. 673
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the funding and issuing of marriage licenses and
  certifications and the recognition of certain marriages.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  (a)  This Act may be cited as the Preservation of
  Sovereignty and Marriage Act.
         (b)  The purpose of the Preservation of Sovereignty and
  Marriage Act is to clarify that no state or local governmental
  employee may be compelled to recognize a marriage or grant or
  enforce a marriage license that violates a personal religious
  belief.
         SECTION 2.  Subtitle A, Title 1, Family Code, is amended by
  adding Chapter 1A to read as follows:
  CHAPTER 1A. SECRETARY OF STATE
         Sec. 1A.001.  ISSUER OF MARRIAGE LICENSES. (a)  The
  secretary of state is the sole issuer of marriage licenses or
  certificates or declarations of informal marriage in this state.
         (b)  The secretary of state shall perform the secretary's
  duties under this chapter in compliance with Section 32, Article I,
  Texas Constitution.
         Sec. 1A.002.  LOCAL AGREEMENTS FOR DELEGATION; RULES.  (a)  
  The secretary of state may adopt rules for county clerks to issue
  marriage licenses and certify declarations of informal marriage
  under the supervision of the secretary of state.
         (b)  The secretary of state may withhold or withdraw
  authorization for a county clerk to issue marriage licenses or
  certify declarations of informal marriage if the clerk:
               (1)  violates this chapter, Chapter 2, or the rules of
  the secretary of state; or
               (2)  issues a marriage license or certifies a
  declaration of informal marriage inconsistent with the provisions
  of Section 32, Article I, Texas Constitution.
         SECTION 3.  Chapter 2, Family Code, is amended by adding
  Subchapter G to read as follows:
  SUBCHAPTER G.  PUBLIC POLICY
         Sec. 2.601.  RECOGNITION AND FUNDING FOR CERTAIN VOIDABLE
  MARRIAGES. (a)  State or local funds may not be used for an activity
  that includes the licensing, registering, certifying, or support of
  a marriage not defined by Section 32, Article I, Texas
  Constitution.
         (b)  A state or local governmental employee may not
  recognize, grant, or enforce a marriage license or certification or
  declaration of informal marriage, except a license or certification
  for a marriage that conforms to Section 32, Article I, Texas
  Constitution.
         (c)  State or local funds may not be used to enforce an order
  requiring the issuance or recognition of a marriage license or
  certification or declaration of informal marriage, except a
  marriage license or certification or declaration of informal
  marriage defined under Section 32, Article I, Texas Constitution.
         SECTION 4.  The severability provisions of Section 311.032,
  Government Code, apply to this Act.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2015.
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